Article 1. The object of this Law is to aid in insuring the safety of navigation and in addition to promote the efficiency of ships operation by maintaining the navigational aids in good order and operating them rationally and efficiently.
2 The term "Navigational aids" as used in this Law shall mean the Lighthouse, Light Beacon, Beacon, Buoy, Fog Signal Station, Radio Direction Finding Station and any other aid for safety of navigation of ships used as guiding marks in the harbors, bays, sounds, coastal waters of Japan by means of light, structure, color, sound, electric wave and etc.
Article 2. The Maritime Safety Board shall take charge of the establishment and management of navigational aids;provided that with the permission of the Director of the Maritime Safety Board in accordance with tie provisions of the Ministerial Ordinance, those other than the Maritime Safety Board may establish and manage the navigational aids at their own expenses in order to use it for their enterprises or works.
Article 3. The owner or the manager of a navigational aid, established with the permission called for in the provisory clause of the preceding Article, shall endeavour so that no trouble will happen to the function of the said navigational aid.
2 When the navigational aid, establisbed by those other than the Maritime Safety Board become inoperative due to cause for which the owner or the manager is responsible or any other cause which is commonly foreseenable and a hindrance is caused to the safety of navigation thereby, the Director of the Maritime Safety Board may give orders to the owner or the manager to take the necessary measures for the removal of the said hindrance.
Article 4. Besides the case mentioned in the paragraph 2 of the preceding Article, the Director of the Maritime Safety Board may give orders to the owner or the manager of the navigational aid, established by other than the Maritime Safety Board, when it is deemed necessary for safety of navigation, improvement, removal to other place, withdrawal or any other necessary measure for the said navigational aid.
2 The Director of the Maritime Safety Board may, when it is deemed especially necessary for safety of navigation, directly manage or expropriate it in accordance with the provisions of the Ministerial Ordinance.
(航路標識の現状の変更)
(Change to the present status of the Navigational Aids)
Article 5. When the manager of the navigational aid, established by those other than the Maritime Safety Board wishes to abolish it, change its location or give any other change to its present status, he shall obtain the permission of the Director of the Maritime Safety Board in accordance with the provisions of the Ministerial Ordinance.
2 The manager under the preceding paragraph shall, when any change takes place in the present status of the navigational aid under his care, report it at once to the Director of the Maritime Safety Board.
Article 6. The Director of the Maritime Safety Board shall issue at once the notification when any navigational aid is newly established, or when any repeal, change of location or any other change of the status to the existing navigational aids occurs.
Article 7. Any one who discovers trouble of and or accident to the navigational aids shall report it at once to the Maritime Safety Board or nearby local office of the Board.
(燈火等の制限)
(Restriction on Light, etc.)
第八條 何人も、みだりに航路標識と誤認される虞がある燈火を使用し、又は音響を発してはならない。
Article 8. No one shall be allowed to use indiscriminately a light and or sound, mistakable for those of the navigational aids.
2 The Maritime Safety Officials may give orders to those, who commit or intend to do the actions mentioned in the preceding paragraph, to put out the light or stop the sound or to take other necessary measures so that it may not be mistaken for navigational aids.
Article 9. Those who are engaged in the construction of buildings refloating of sunken articles, or other construction works of operation which are apt to cause hindrance to the functions of the navigational aid shall take the necessary measures for prevention of the said hindrance.
2 The Director of the Maritime Safety Board may give orders to those who have the responsibility of the said construction works or operations to take the necessary measures for preventing the hindrance to the functions of the navigational aids against the construction works or operations mentioned in the preceding paragraph.
(植物についての制限)
(Restriction on Plants)
第十條 何人も、航路標識の附近に、当該航路標識の視認を妨げる虞のある植物を植えてはならない。
Article 10. No one shall plant in the vicinity of the navigational aid any plants which are apt to disturb the sight of the navigational aid.
2 Of the plants planted in violation to the provisions of the preceding paragraph, the Director of the Maritime Safety Board may give orders to those who have the responsibility of the plants to remove them to another place, to clear such parts of the plants which cause the hindrance, or to take other necessary measures. It shall be treated likewise when plants grow up and cause to disturb the sight of the navigational aid.
3 When the plants existing at the time of establishment of the navigational aids disturb or become to disturb the sight of the navigational aids, the Director of the Maritime Safety Board may give orders to those who have the responsibility of the plants to remove them to another place, to clear such parts of the plants which cause the hindrance, or to take other necessary measures.
Article 11. No vessel (including lighter, raft and other similar structure:hereinafter the same) shall sail unnecessarily too close to the navigational sids lest it should cause damage to the navigational aid.
2 船舶は、航路標識にけい留させてはならない。
2 No vessel shall be moored to the navigational aid.
Article 13. For losses caused by the provisions of Article 4, paragraph 1 or 2, or Article 10, paragraph 3, indemnification shall be made as provided for below:
1. The amounts of indemnities payable shall be commensurate, in the case of Article 4, paragraph 1, with the expenditure ordinarily required by the improvement, moving or removal of navigational aids concerned, and like measures;in the case of expropriating navigational aids in accordance with the provisions of the same Article paragraph 2, with the balance left after deducting the amount representing the depreciation from the expenditure that would ordinarily be required if such navigational aids had to be newly constructed;and, in the case of Article 10, paragraph 3, with the expenditure ordinarily required by the removal of the impediment part of, or the transplanting of, plants and like measures, in addition to the amount of the loss caused to such plants assessed in current prices.
2. Those who incurred loss shall present to the Director of the Maritime Safety Board, the written application in which the amount of indemnification to be claimed shall be stated.
3. Upon the receipt of the application under the preceding item, the Director-General of the Maritime Safety Board shall decide the amount of indemnification without delay. In this case the Director of the Maritime Safety Board shall first conduct the administrative hearing, giving a notice in advance of the date and place of such hearing to the said applicant.
四 前号の決定について不服のある者は、運輸大臣に訴願をすることができる。
4. Those who are dissatisfied with the decision mentioned in the preceding item may appeal to the Minister of Transportation.
五 前号の規定は、損失を受けた者が裁判所に訴を提起することを妨げるものではない。
5. The provisions of the preceding item do not exclude those who incurred loss from taking legal action to the Court.
Article 14. Unless there is an impending necessity, the Director of the Maritime Safety Board or the Maritime Safety Officials, who intend to issue the order referred to in Article 8, paragraph 2, Article 9, paragraph 2 and Article 10, paragraph 2 or 3, shall first conduct the administrative hearing, giving a notice in advance of the date and place of such hearing to the person concerned, who may state their opinion at such hearing.
Article 15. Those who are dissatisfied with the order issued under the provisions of Article 8, paragraph 2, Article 9, paragraph 2 and Article 10, paragraph 2 or 3, may appeal to the Minister of Transportation, who, if he deems it proper, may revoke the order issued by the Director of the Maritime Safety Board or the Maritime Safety Officials.
(罰則)
(Penal Provisions)
第十六條 第十一條の規定に違反した者は、一万円以下の罰金に処する。
Article 16. Any person who violates the provisions of Article 11, shall be punished with a fine not more than ten thousand yen:
第十七條 左の各号の一に該当する者は、五千円以下の罰金に処する。
Article 17. Any person who falls under any of the following items shall be punished with a fine not more than five thousand yen:
一 第八條第二項、第九條第二項又は第十條第二項若しくは第三項の規定による命令に違反した者
1. Any person who violates the provisions of Article 8, paragraph 2, Article 9, paragraph 2 or Article 10, paragraph 2 or 3.
二 第十二條の規定に違反した者
2. Any person who violates the provisions of Article 12.
附 則
Supplementary Provisions:
1 この法律は、昭和二十四年六月一日から施行する。
1. This Law shall come into force as from June 1, 1949.
2 航路標識條例(明治二十一年勅令第六十七号)は、廃止する。
2. The Regulations of Navigational Aids (Imperial Ordinance No.67, 1888) shall be abolished.
3. Any navigational aid established in accordance with the provisions of the Regulations of Navigational Aids, Article 1 or Article 2, paragraph 1, which is under the actual management of those other than the Maritime Safety Board, at the time of the enforcement of this Law shall be considered as having been established and being managed with the permission of the Director of the Maritime Safety Board in accordance with the provisions of Article 2 of this Law.
4 航路標識條例の廃止前にした行爲に対する罰則の適用については、なお從前の例による。
4. For any crime committed prior to the abolition of the Regulations of Navigational Aids the penalties shall be imposed in accordance with the Regulations.